Resolution 2005-261
RESOLUTION 05- ...2fil
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE FOR A MODEL HOME SALES
CENTER PER THE LAND DEVELOPMENT CODE
SUBSECTION 2.04.03. TABLE 2 OF THE "E"
ESTATES ZONING DISTRICT, FOR PROPERTY
LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67~ 1246, Laws of
Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to
establish, coordinate and enforce zoning and such business regulations as are necessary
for the protection ofthe public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(LDC) (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning
Ordinance establishing regulations for the zoning of particular geographic divisions of
the County, among which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of
Conditional Use of LDC Subsection 2.04.03. Table 2 in an "E" Estates Zoning District
for a Model Home Sales Center on the subject property as depicted in Exhibit "B", and
the Collier County Planning Commission has found as a matter of fact Exhibit "A,"
attached and incorporated by reference, that satisfactory provision and arrangement have
been made concerning all applicable matters required by said regulations and' in
accordance with LDC Subsection 10.08.00.D.; and
WHEREAS, Section III.B.2.a.5)e) "Special Exceptions to Conditional Use
Locational Criteria" of the Golden Gate Area Master Plan, in the Growth Management
Plan of Collier County, provides a maximum of a one time, two years time period for a
Conditional Use of a model home; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that;
Page 1 of2
The petition filed by Kelly Michele Smith of Davidson Engineering, Inc., CU-
2004-AR-6965, representing Florida Homes of Collier Co, Inc., with respect to the
subject property described as:
Tract 118, Golden Gate Estates, Unit No. 25, according to the plat thereof
recorded in Plat Book 7, Page 15, of the public records of Collier County,
Florida, more particularly described as 12815 and 12825 Collier
Boulevard,
and the same is hereby approved for Conditional Use of LDC Subsection 2.04.03. Table
2 in the "E" Estates Zoning District for a Model Home Sales Center in accordance with
the Conceptual Master Plan Exhibit "B" and subject to the following conditions:
Exhibit "c" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion, second and super-majority vote.
, L .'
li'''1 tl ~.
Done this ;? J .- day of 0':; u/J7 L ,2005.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: 'juLW. ~
FRED W. COYLE, CHAIRMAN
. COUlD _
ATTE,ST:... ..... '-/'
DWIGHT E. BROCK, CLERK
I . .."/ '.';
Approved as to form and
sufficiency:
Patrick G. Witte
Assistant County Attorney
CU.2004.AR-6965IMJD/sp
Page 2 of2
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for model homes and model sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
CHAIRMAN:
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
I. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for model homes and model sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes~o_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE: G JJc!e:;;",-
.
MEMBER:~J .t:Z..,Q~
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for model homes and model sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No /
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes I No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional use
(should not) be recommended for approval
s . ulations, (copy attached)
DATE:
~/1~JD{
I '
CHAIRMAN:
/dM1/J) Allu
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
I. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for model homes and model sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
MEMBER:
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for model homes and model sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
CHAIRMAN:
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for mode] homes and mode] sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No~
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
/
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ No affect or Affect mitigated by
- -
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes L No
as~e above findings, this conditional use should,
(should not~ b~ recommended for approval
/1 :
. /
DATE: (,J IL 01
! ith stipulations, (copy attached)
MEMBER:
(
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for model homes and model sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
CHAIRMAN:
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for model homes and model sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes / No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress //
Yes V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:, .-
~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within distriC/:
Yes No
Based on the above [mdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE: 6 - If - ~..J-
/0;r"
/ "
MEMBER:" C.
I
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for model homes and model sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A.
Consistency with)4e Land Development Code and Growth Management Plan:
YesL No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes ~/ No
c.
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V No
Based on the above [mdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
CHAIRMAN:
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for model homes and model sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
yes/ No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~No
Based on the above fmdings, this conditional use should, with stipula .
(should not) be recommended for approval /
/
/
//'
MEMBER: /
~
DATE:
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for model homes and model sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
./
Yes~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
V No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V' No
Based on the above findings, this conditional use should, with stipulatio s, (copy attached)
(should not) be recommended for approval
dick
CH.\IRMAH.
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(
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\\
DATE:
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6965
The following facts are found:
1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code
authorizes the conditional use for model homes and model sales centers.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes_ NO'){
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to ncise, glare, economic or odor
effects:
..k'- No affect or _ Affect mitigated by
. _ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes-X No_
Based on the above [mdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE: 1;/1 {p /rJ~
/
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Conditions for Approval of Conditional Use CU-2004-AR-6965
(June 16,2005)
1. This Conditional Use approval shall expire two (2) years from the approval date
of this petition by the Board of Zoning Appeals.
2. The Zoning and Land Development Review Director may approve minor changes
in the location, siting, or height of buildings, structures, and improvements
authorized by this Conditional Use. Expansion of the uses identified and
approved within this Conditional Use application, or major changes to the site
plan submitted as part of this application, shall require the submittal of a new
Conditional Use application, and shall comply with applicable County ordinances
in effect at the time of submittal, including Division 10.02.03, Site Development
Plan Review and Approval, of the Collier County Land Development Code
(Ordinance 2004-41)
3. If during the course of site clearing, excavation, or other construction activities,
an historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately stopped
and protected pursuant to requirements contained in Subsection 2.03.07.E of the
Land Development Code.
4. Pursuant to Section 5.04.04.B.2 of the Land Development Code, the model home
or model sales center is not intended to allow the full scope of real estate activities
and shall be restricted primarily to the sale and marketing of the model, or
products similar to the model. A model home shall not include offices for
builders, contractors, developers, or similar activities.
5. The Conditional Use approval to allow a sales center consisting of two model
homes is limited to the site plan identified as "Florida Home Model Center"
prepared by Davidson Engineering, Inc., stamped "Received 5/12/05".
6. A sidewalk shall be designed and constructed, per LDC requirements, along the
entire frontage of this property on 13th Street S.W. within six months of the
approval date of this request. A Right-of-Way permit will be required from the
County Department of Transportation.
Exhibit "c"